Judgment of the General Court of 24 January 2017 — Nausicaa Anadyomène and Banque d’escompte v ECB
(Case T-749/15) 1
(Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek public debt — Programme for purchasing securities — Securities exchange agreement for the sole benefit of central banks in the Eurosystem — Private sector involvement — Collective action clauses — Credit enhancement in the form of a buyback programme intended to support the quality of the securities as collateral — Private creditors — Commercial banks — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment)
Language of the case: French
Parties
Applicants: Nausicaa Anadyomène SAS (Paris, France) and Banque d’escompte (Paris) (represented by: S. Rodrigues and A. Tymen, lawyers)
Defendant: European Central Bank (represented by: O. Heinz, G. Varhelyi and F. von Lindeiner, acting as Agents, and by H.-G. Kamann, lawyer)
Re:
Action pursuant to Article 268 TFEU seeking compensation for the loss allegedly sustained by the applicants following, in particular, the adoption of ECB Decision 2012/153/EU of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (ECB/2012/3) (OJ 2012 L 77, p. 19) and also of other ECB measures linked to the restructuring of the Greek public debt.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Nausicaa Anadyomène SAS and Banque d’escompte to pay the costs.
____________1 OJ C 68, 22.2.2016.